Eighty-second Legislature

First Regular Session

Held at Charleston

Published by the Clerk of the House

 

West Virginia Legislature

JOURNAL

of the

House of Delegates

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Friday, March 6, 2015

FIFTY-SECOND DAY

[Mr. Speaker, Mr. Armstead, in the Chair]

 

 

            The House of Delegates met at 11:00 a.m., and was called to order by the Honorable Tim Armstead, Speaker.

            Prayer was offered and the House was led in recitation of the Pledge of Allegiance.

            The Clerk proceeded to read the Journal of Thursday, March 5, 2015, being the first order of business, when the further reading thereof was dispensed with and the same approved.

Committee Reports

            Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            Com. Sub. for S. B. 249, Prohibiting straight party voting,

            And reports the same back, with amendment, with the recommendation that it do pass, as amended.

            Delegate Canterbury, Chair of the Committee on Pensions and Retirement, submitted the following report, which was received:

            Your Committee on Pensions and Retirement has had under consideration:

            S. B. 481, Relating to municipal policemen’s and firemen’s pension and relief funds’ investment,

            S. B. 514, Relating to investments of local policemen’s and firemen’s pension and relief funds,

            And,

            S. B. 530, Extending income tax exemption for retirees receiving pensions from certain defined pension plans,

            And reports the same back with the recommendation that they each do pass, but that they first be referred to the Committee on Finance.

            In accordance with the former direction of the Speaker, the bills (S. B. 481, S. B. 514 and S. B. 530) were each referred to the Committee on Finance.

            Delegate McCuskey, Chair of the Committee Banking and Insurance, submitted the following report, which was received:

            Your Committee on Banking and Insurance has had under consideration:

            Com. Sub. for S. B. 373, Allowing wireless communication image serve as proof of motor vehicle insurance,

            And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.

            In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 373) was referred to the Committee on the Judiciary.

            Delegate McCuskey, Chair of the Committee on Banking and Insurance, submitted the following report, which was received:

            Your Committee on Banking and Insurance has had under consideration:

            Com. Sub. for S. B. 248, Requiring certain insurance and owner information be provided following car accident,

            And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.

            In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 248) was referred to the Committee on the Judiciary.

            Chairman Ellington, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:

            Your Committee on Health and Human Resources has had under consideration:

            S. B. 366, Creating Patient Protection and Transparency Act,

            And reports the same back with the recommendation that it do pass.

            Delegate Ellington, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:

            Your Committee on Health and Human Resources has had under consideration:

            Com. Sub. for S. B. 30, Permitting shared animal ownership agreement to consume raw milk,

            And reports the same back, with amendment, with the recommendation that it do pass, as amended.

            Delegate Storch, Chair of the Committee on Political Subdivisions, submitted the following report, which was received:

            Your Committee on Political Subdivisions has had under consideration:

            Com. Sub. for S. B. 416, Relating to hotel occupancy tax,

            And reports the same back, with the recommendation that it do pass, but that it first be referred to the Committee on Finance.

            In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 416) was referred to the Committee on Finance.

            Delegate Storch, Chair of the Committee on Political Subdivisions, submitted the following report, which was received:

            Your Committee on Political Subdivisions has had under consideration:

            S. B. 515, Allowing Municipal Pensions Oversight Board invest funds with Investment Management Board or Board of Treasury Investments,

            And reports the same back, with a title amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.

            In accordance with the former direction of the Speaker, the bill (S. B. 515) was referred to the Committee on Finance.

            Delegate Ellington, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:

            Your Committee on Health and Human Resources has had under consideration:

            S. B. 363, Establishing maximum rates and service limitations for reimbursement of health care services by Court of Claims,

            And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on the Judiciary.

            In accordance with the former direction of the Speaker, the bill (S. B. 363) was referred to the Committee on the Judiciary.

            Delegate Ellington, Chair of the Committee on Health and Human Resources, submitted the following report, which was received:

            Your Committee on Health and Human Resources has had under consideration:

            Com. Sub. for S. B. 523, Creating Alcohol and Drug Overdose Prevention and Clemency Act, 

            And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on the Judiciary.

            In accordance with the former direction of the Speaker, the bill (Com. Sub. for S. B. 523) was referred to the Committee on the Judiciary.

            Delegate Espinosa, Vice Chair of the Committee on Small Business, Entrepreneurship and Economic Development, submitted the following report, which was received:

            Your Committee on Small Business, Entrepreneurship and Economic Development has had under consideration:

            Com. Sub. for S. B. 273, Relating to brewer, resident brewer and brewpub licensing and operations, 

            And,

            S. B. 574, Relating to liquor sales by distilleries and mini-distilleries,

            And reports the same back, with amendment, with the recommendation that they each do pass, as amended, but that they first be referred to the Committee on the Judiciary.

            In accordance with the former direction of the Speaker, the bills (Com. Sub. for S. B. 273 and S. B. 574) were each referred to the Committee on the Judiciary.

            Delegate E. Nelson, Chair of the Committee on Finance, submitted the following report, which was received:

            Your Committee on Finance has had under consideration:

            H. R. 11, For the Lottery Commission to implement creative methods for selling Veteral Lottery tickets to help fund the West Virginia Veterans Home,

            With the recommendation that it be adopted, but that it first be referred to the Committee on Rules.

            In accordance with the former direction of the Speaker, the bill (H. R. 11) was referred to the Committee on Rules.

            Delegate Pasdon, Chair of the Committee on Education, submitted the following report, which was received:

            Your Committee on Education has had under consideration:

            S. B. 425, Providing WVU, MU and WVSOM more authority to invest assets, 

            And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.

            In accordance with the former direction of the Speaker, the resolutions (S. B. 425) was referred to the Committee on Finance.

            Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            Com. Sub. for S. B. 37, Creating Revised Uniform Arbitration Act,

            And reports the same back, with amendments, with the recommendation that it do pass, as amended.

            Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            S. B. 434, Relating to horse racing,

            And reports the same back with the recommendation that it do pass, but that it first be referred to the Committee on Finance.

            In accordance with the former direction of the Speaker, the bill (S. B. 434) was referred to the Committee on Finance.

            Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            Com. Sub. for S. B. 411, Creating Asbestos Bankruptcy Trust Claims Transparency Act and Asbestos and Silica Claims Priorities Act,

            And reports the same back, with amendment, with the recommendation that it do pass, as amended.

            Delegate Pasdon, Chair of the Committee on Education, submitted the following report, which was received:

            Your Committee on Education has had under consideration:

            S. B. 455, Relating to public higher education procurement and payment of expenses,

            And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.

            In accordance with the former direction of the Speaker, the bill (S. B. 455) was referred to the Committee on Finance.

            Delegate E. Nelson, Chair of the Committee on Finance, submitted the following report, which was received:

            Your Committee on Finance has had under consideration:

            S. B. 332, Relating to administrative fees for Tax Division, Department of Revenue,

            And,

            S. B. 445, Relating to investment of RJCFA excess funds,

            And reports the same back with the recommendation that they each do pass.

            Delegate E. Nelson, Chair of the Committee on Finance, submitted the following report, which was received:

            Your Committee on Finance has had under consideration:

            S. B. 89, Providing Prosecuting Attorneys Institute's council establish Executive Director’s salary,

            And reports the same back, with amendment, with the recommendation that it do pass, as amended.

Messages from the Executive

            Mr. Speaker, Mr. Armstead, presented a communication from His Excellency, the Governor, advising that on March 5, 2015, he approved Com. Sub. for H. B. 2002, Com. Sub. for S. B. 187, Com. Sub. for S. B. 238, S. B. 382 and S. B. 398.

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had refused to recede from its amendment and requested the House of Delegates to agree to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses as to

            H. B. 2213, Reducing the distributions to the West Virginia Infrastructure Fund.

            The message further announced that the President of the Senate had appointed as conferees on the part of the Senate the following:

            Senators M. Hall, Walters and Prezioso.

            On motion of Delegate Cowles, the House of Delegates agreed to the appointment of a Committee of Conference of three from each house on the disagreeing votes of the two houses.

            Whereupon,

            The Speaker appointed as conferees on the part of the House of Delegates the following:

            Delegates E. Nelson, Anderson and Boggs.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, without amendment, a bill of the House of Delegates as follows:

            H. B. 2879, Relating to certain limitations on amount of state funds on deposit in any depository.

Resolutions Introduced

            Delegates Pasdon, Fleischauer, Frich, Statler, Williams, Pethtel, Summers and R. Smith offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 111 - “Requesting the Division of Highways to name bridge number 31-119/39-0.12 (31A281) crossing over Deckers Creek in Morgantown, Monongalia County, the ‘John W. Pyles Bridge’.”

            Whereas, John W. Pyles has devoted over fifty years of his life in service to Monongalia County and the community of Morgantown; and

            Whereas, John W. Pyles, as an elected representative of the West Virginia House of Delegates, worked tirelessly to better the quality of life in Monongalia County and Morgantown; and

            Whereas, John W. Pyles served as the leader of the Democratic Party and Assessor of Monongalia County and then was elected as a member of the County Commission; and

            Whereas, John W. Pyles volunteered his time and talents serving in many capacities on Morgantown and Monongalia County Boards and Committees such as the United Way of Monongalia and Preston Counties, Monongalia County Development Authority, Metropolitan Foundation Board, Morgantown Convention and Visitors Bureau, Main Street Morgantown, Monongalia County Historical Landmarks Committee and the Greater Morgantown Community Trust; and

            Whereas, John W. Pyles was a founder of the Morgantown Celebration of America Committee to observe the birth of our great nation on July 4th, with special recognition of veterans and other community members who worked faithfully in service to America; and

            Whereas, John W. Pyles proposed and obtained funding for the Veterans Plaza at the Monongalia County Court House Square that recognizes veterans of all wars; and

            Whereas, John W. Pyles spearheaded the renaming of South University Avenue in Morgantown as Don Knotts Boulevard and is currently working to place a statue of Don Knotts on the Boulevard; and

            Whereas, John W. Pyles, in 1998, worked with Governor Cecil Underwood to gain state funding to replace the South High Street Bridge when it fell into complete disrepair; and

            Whereas, On November 5, 2013, the City Council of Morgantown passed a Resolution directed to the West Virginia Legislature in support of changing the name of the South High Street Bridge to the “John W. Pyles Bridge”; and

            Whereas, It is only fitting that we honor John W. Pyles for his commitment, dedication and public service to Morgantown, Monongalia County and the State of West Virginia; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways is hereby requested to name bridge number 31-119/39-0.12 (31A281) crossing over Deckers Creek in Morgantown, Monongalia County, the "John W. Pyles Bridge"; and, be it
            Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the “John W. Pyles Bridge”; and, be it
            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and John W. Pyles.

            Delegates Canterbury, Ambler and Cooper offered the following resolution, which was read by its title and referred to the Committee on Roads and Transportation then Rules:

            H. C. R. 112 - “Requesting the Division of Highways to name a section of road on U.S. Route 219, locally known as Frankford Road and Main Street, running through Ronceverte, West Virginia, Greenbrier County, the ‘Howard M. “Toddy” Loudin Memorial Highway’.”

            Whereas, Howard M. “Toddy” Loudin grew up in the West Virginia hills, spending his early years in Randolph County and then moving to Morgantown where his mother taught English and where he played on the first basketball team at Morgantown High School; and

            Whereas, “Toddy” Loudin subsequently attended Davis and Elkins College where he earned a B.S. degree and became the team captain in football, baseball and basketball, earning four letters in each of those sports and played on the unbeaten 1923 football team; and

            Whereas, “Toddy” Loudin began an unparalleled coaching career in West Virginia high schools, starting at Cameron High School, then Middlebourne High School and then Rowlesburg High School. He subsequently learned of a coaching position at Greenbrier High School in Ronceverte, and lacking a car of his own, he hitchhiked to Ronceverte where he landed the job that he would maintain for the next thirty-two years; and

            Whereas, by the time of his retirement in 1966, Coach Loudin had established a record of 1038 overall wins in three different sports compared to just 278 losses, making him West Virginia’s winningest coach at the time and his record of 698 wins in basketball still stands as the most wins of any basketball coach in West Virginia; and

            Whereas, The man known to the public as “Coach” or “Toddy” has been named to the Davis and Elkins College Sports Hall of Fame, the West Virginia Sports Hall of Fame and Greenbrier County’s “Centennial Sports Great” in 1963, it is appropriate for this body to acknowledge his outstanding achievements and to honor his memory in the city where he made his home and made history; therefore, be it

            Resolved by the Legislature of West Virginia:

            That the Division of Highways name the section of road on U.S. Route 219, locally known as Frankford Road and Main Street, running through Ronceverte, West Virginia, Greenbrier County, the “Howard M. ‘Toddy’ Loudin Memorial Highway”; and, be it

            Further Resolved, That the Division of Highways is hereby requested to make two signs that state, in bold and prominent lettering, the “Howard M. ‘Toddy’ Loudin Memorial Highway “and to erect these signs on either side of that portion of road; and, be it

            Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation, the Commissioner of Highways, and to the City of Ronceverte, West Virginia.

Special Calendar

Third Reading

            Com. Sub. for S. B. 351, Relating to charitable organization contribution levels requiring independent audit reports; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 368), and there were--yeas 90, nays 4, absent and not voting 6, with the nays and absent and not voting being as follows:

            Nays: Eldridge, Hornbuckle, Marcum and Sponaugle.

            Absent and Not Voting: Arvon, Azinger, Ellington, Morgan, L. Phillips and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 351) passed.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

            Com. Sub. for S. B. 374, Permitting in absentia parole hearings in certain instances; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 369), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

            Absent And Not Voting: Arvon, Azinger, Ellington, Morgan, L. Phillips and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 374) passed.

            Delegate Cowles moved that the bill take effect from its passage.

            On this question, the yeas and nays were taken (Roll No. 370), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

            Absent And Not Voting: Arvon, Azinger, Ellington, Morgan, L. Phillips and Walters.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 374) takes effect from its passage.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

            Com. Sub. for S. B. 375, Specifying who receives parole hearing notices via regular or certified mail; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 371), and there were--yeas 91, nays 3, absent and not voting 6, with the nays and absent and not voting being as follows: 

            Nays: Marcum, Perdue and Rodighiero.

            Absent And Not Voting: Arvon, Azinger, Ellington, Morgan, L. Phillips and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 375) passed.

            Delegate Cowles moved that the bill take effect from its passage.

            On this question, the yeas and nays were taken (Roll No. 372), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

            Absent And Not Voting: Arvon, Azinger, Ellington, Morgan, L. Phillips and Walters.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (Com. Sub. for S. B. 375) takes effect from its passage.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

            S. B. 472, Making supplementary appropriation to DOT, DMV, Motor Vehicle Fees Fund; on third reading, coming up in regular order, was read a third time.

            On the passage of the bill, the yeas and nays were taken (Roll No. 373), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

            Absent And Not Voting: Arvon, Azinger, Ellington, Morgan, L. Phillips and Walters.

            So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 472) passed.

            Delegate Cowles moved that the bill take effect from its passage.

            On this question, the yeas and nays were taken (Roll No. 374), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

            Absent And Not Voting: Arvon, Azinger, Ellington, Morgan, L. Phillips and Walters.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 472) takes effect from its passage.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

            S. B. 475, Making supplementary appropriation to DMAPS, Division of Corrections, Parolee Supervision Fees, and WV State Police, Motor Vehicle Inspection Fund; on third reading, coming up in regular order, was read a third time.

            On the passage of the bill, the yeas and nays were taken (Roll No. 375), and there were--yeas 94, nays none, absent and not voting 6, with the absent and not voting being as follows:

            Absent And Not Voting: Azinger, Ellington, Guthrie, Morgan, L. Phillips and Walters.

            So, a majority of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 475) passed.

            Delegate Cowles moved that the bill take effect from its passage.

            On this question, the yeas and nays were taken (Roll No. 376), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent And Not Voting: Azinger, Ellington, Morgan, L. Phillips and Walters.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 475) takes effect from its passage.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

            S. B. 507, Relating to monitoring inmates’ electronic communications; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 377), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent And Not Voting: Azinger, Ellington, Morgan, L. Phillips and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 507) passed.

            Delegate Cowles moved that the bill take effect from its passage.

            On this question, the yeas and nays were taken (Roll No. 378), and there were--yeas 95, nays none, absent and not voting 5, with the absent and not voting being as follows:

            Absent And Not Voting: Azinger, Ellington, Morgan, L. Phillips and Walters.

            So, two thirds of the members elected to the House of Delegates having voted in the affirmative, the Speaker declared the bill (S. B. 507) takes effect from its passage.

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates.

            S. B. 559, Relating to social work licensing exemptions; on third reading, coming up in regular order, was read a third time.

            The question being on the passage of the bill, the yeas and nays were taken (Roll No. 379), and there were--yeas 62, nays 33, absent and not voting 5, with the nays and absent and not voting being as follows:

            Nays: Anderson, Boggs, Byrd, Caputo, Eldridge, Ferro, Fleischauer, Fluharty, Folk, Frich, Guthrie, Hamilton, Hornbuckle, Longstreth, Lynch, Manchin, Marcum, Miller, Moore, Moye, Perdue, Perry, Pethtel, Pushkin, Reynolds, Rodighiero, Rowe, Skinner, Sobonya, Sponaugle, Summers, Trecost and H. White.

            Absent and Not Voting: Azinger, Ellington, Morgan, L. Phillips and Walters.

            So, a majority of the members present and voting having voted in the affirmative, the Speaker declared the bill (S. B. 559) passed.

            On motion of Delegate Howell, the title of the bill was amended to read as follows:

            S. B. 559 - “A Bill to amend and reenact §30-30-16 of the Code of West Virginia, 1931, as amended, all relating to qualifications for a provisional license to practice as a social worker; providing that certain individuals applying for a provisional license to practice social work meet the education requirement with a baccalaureate degree; requiring the board of social work to promulgate emergency rules; providing an education alternative for a provisionally licensed social worker seeking to become a licensed social worker; requiring the Secretary of the West Virginia Department of Health and Human Resources to promulgate rules; and requiring a legislative audit of the social worker license application process.”

            Ordered, That the Clerk of the House communicate to the Senate the action of the House of Delegates and request concurrence therein.

First ReadingThe following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:

            Com. Sub. for S. B. 277, Requiring issuance of certificate of birth resulting in stillbirth,

            Com. Sub. for S. B. 421, Relating to punitive damages in civil actions,

            S. B. 532, Relating to civil liability immunity for clinical practice plans and medical and dental school personnel,

            Com. Sub. for H. B. 2766, Expiring funds to the unappropriated balance in the State Fund, General Revenue from the Joint Expenses, and from the Department of Health and Human Resources,

            Com. Sub. for H. B. 2769, Expiring funds to the unappropriated surplus balance in the State Fund, General Revenue from various agencies,

            Com. Sub. for H. B. 2772, Expiring funds to the unappropriated surplus balance in the State Fund, General Revenue, from the Auditor’s Office - Purchasing Card Administration Fund,

            H. B. 3020, Making a supplementary appropriation to the Department of Military Affairs and Public Safety, Division of Corrections,

            H. B. 3021, Making a supplementary appropriation to the Department of Health and Human Resources,

            And,

            H. B. 3022, Making a supplementary appropriation to the Treasurer’s Office, to the State Board of Education, to Mountwest Community and Technical College, to the West Virginia School of Osteopathic Medicine, and to West Virginia State University.

Leaves of Absence

            At the request of Delegate Cowles, and by unanimous consent, leaves of absence for the day were granted Delegates Azinger, Ellington, Morgan, L. Phillips and Walters.

Miscellaneous Business

            Delegate Arvon announced that she was absent when the votes were taken on Roll Nos. 368 through 374, and that had she been present, she would have voted “Yea” thereon.

            Mr. Speaker, Mr. Armstead, asked and obtained unanimous consent that he be removed as a sponsor of H. B. 2772.

            Delegate Guthrie noted to the Clerk that she was absent on yesterday when the votes were taken on Roll Nos. 355 through 367, and had she been present, she would have voted “Yea” on all Roll Nos. except Roll Nos. 356 and 365, on which she would have voted “Nay”. 

            At 12:11 p.m., on motion of Delegate Cowles, the House of Delegates recessed until 5:30 p.m.

* * * * * * *

Evening Session

* * * * * * *

Conference Committee Report Availability

            At 5:44 p.m., the Clerk announced availability in his office of the report of the Committee of Conference on Com. Sub. for H. B. 2576, Creating new code sections which separate the executive departments.

            At the request of Delegate Cowles and by unanimous consent, the House of Delegates returned to the Third Order of Business for the purpose of receiving committee reports.

Committee Reports

            Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            S.B. 489, Imposing statute of limitations on civil actions derived from surveying of real property,

            And reports the same back with the recommendation that it do pass.

            Delegate Frich, Vice Chair of the Committee Banking and Insurance, submitted the following report, which was received:

            Your Committee on Banking and Insurance has had under consideration:

            S. B. 292, Relating to licenses for business of currency exchange, transportation or transmission,

            And,

            S. B. 545, Removing certain prior bank overdraft approval by director or executive officer,

            And reports the same back with the recommendation that they each do pass, and with the recommendation that second reference of the bills to the committee on Finance be dispensed with.

            In the absence of objection, reference of the bills (S. B. 292 and S. B. 545) to the Committee on Finance was abrogated.

            Delegate Frich, Vice Chair of the Committee on Banking and Insurance, submitted the following report, which was received:

            Your Committee on Banking and Insurance has had under consideration:

            S. B. 283, Relating to branch banking,

            And reports the same back, with a title amendment, with the recommendation that it do pass, as amended, and with the recommendation that second reference of the bill to the committee on the Judiciary be dispensed with.

            In the absence of objection, reference of the bill (S. B. 283) to the Committee on the Judiciary was abrogated.

            Delegate Pasdon, Chair of the Committee on Education, submitted the following report, which was received:

            Your Committee on Education has had under consideration:

            S. B. 14, Creating Public Charter Schools Act of 2015, 

            And reports the same back, with amendment, with the recommendation that it do pass, as amended, but that it first be referred to the Committee on Finance.

            In the absence of objection the bill was referred to the Committee on Finance.

            Delegate Howell, Chair of the Committee on Government Organization, submitted the following report, which was received:

            Your Committee on Government Organization has had under consideration:

             Com. Sub. for S. B. 436, Relating to State Athletic Commission,

            And reports the same back, with amendment, with the recommendation that it do pass, as amended.

            Delegate Howell, Chair of the Committee on Government Organization, submitted the following report, which was received:

            Your Committee on Government Organization has had under consideration:

            S. B. 576, Prohibiting PSC jurisdiction of internet protocol-enabled service or voice over internet protocol-enabled service and certain telephone company transactions,

            And reports the same back with the recommendation that it do pass.

            Delegate E. Nelson, Chair of the Committee on Finance, submitted the following report, which was received:

            Your Committee on Finance has had under consideration:

            S. C. R. 50, Providing for issuance of refunding bonds pursuant to Safe Roads Amendment of 1966,

            With the recommendation that it be adopted.

            Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            S. B. 578, Relating to occupational disease claims,

            And reports the same back with the recommendation that it do pass.

            Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            S. B. 454, Criminalizing trademark counterfeiting,

            And reports the same back with the recommendation that it do pass.

            Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            Com. Sub. S. B. 344, Relating to limitations on back and front pay and punitive damages,

            And reports the same back with the recommendation that it do pass.

            Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            S. B. 574, Relating to liquor sales by distilleries and mini-distilleries,

            And reports the same back with the recommendation that it do pass.

            Delegate Shott, Chair of the Committee on the Judiciary, submitted the following report, which was received:

            Your Committee on the Judiciary has had under consideration:

            S. B. 322, Eliminating mandatory electronic recount of ballots in recounts,

            And reports the same back with the recommendation that it do pass.

Messages from the Senate

            A message from the Senate, by

            The Clerk of the Senate, announced that upon reconsideration the Senate had again passed, notwithstanding the objections of the Governor, a bill of the House of Delegates as follows:            Com. Sub. for H. B. 2568, The Pain-Capable Unborn Child Protection Act.

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates as follows:

            H. B. 2760, Making a supplementary appropriation to the Bureau of Senior Services - Lottery Senior Citizens Fund.

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates as follows:

            H. B. 2764, Making a supplementary appropriation to the State Department of Education - School Building Authority.

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates as follows:

            H. B. 2770, Making a supplementary appropriation from the State Fund, State Excess Lottery Revenue Fund, to the Division of Human Services.

            A message from the Senate, by

            The Clerk of the Senate, announced that the Senate had passed, without amendment, to take effect from passage, a bill of the House of Delegates as follows:

            H. B. 2933, Making a supplementary appropriation to the Department of Administration, Public Defender Services.

Miscellaneous Business

            Delegate Eldridge asked and obtained unanimous consent that the remarks of Delegate Campbell regarding Com. Sub. for H. B. 2902, West Virginia ABLE Act, be printed in the Appendix to the Journal.

            Delegate Skinner asked and obtained unanimous consent that the remarks of Delegate Eldridge on Wednesday, March 4, regarding H. B. 2805 and his remarks of today, regarding S. B. 559 be printed in the Appendix to the Journal.

            At 5:52 p.m., the House of Delegates adjourned until 10:00 a.m., Saturday, March 7, 2015.